Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons

Open Access. Powered by Scholars. Published by Universities.®

6,692 Full-Text Articles 4,252 Authors 3,050,354 Downloads 161 Institutions

All Articles in Family Law

Faceted Search

6,692 full-text articles. Page 145 of 147.

A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown, Robin West 2010 Georgetown University Law Center

A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown, Robin West

Georgetown Law Faculty Publications and Other Works

The Ninth Circuit’s decision in Perry v. Brown, authored by Judge Reinhardt, has been widely lauded by marriage equality proponents for its creative minimalism. In keeping with commentators’ expectations, the court found a way to determine that California’s Proposition 8 violated the U.S. Constitution’s Equal Protection Clause, namely that the provision took away an entitlement that had previously been enjoyed by same-sex couples—the right to the appellation of one’s partnership as a “marriage”—for no rational reason. The people of California’s categorization and differential treatment of same-sex couples as compared with opposite-sex couples ...


Love As Legal Methodology: Comments On Love In A Time Of Envy, Naomi Mezey 2010 Georgetown University Law Center

Love As Legal Methodology: Comments On Love In A Time Of Envy, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

In academic papers about emotion, it is not uncommon to find a kind of disconnect between the detachment of theoretical and scholarly language and the subject of the paper--the emotions. One of the lovely, and challenging, aspects of Jonathan Goldberg-Hiller's article is that it not only conveys the emotions that are its subject, but it brims with its own emotion; it reads like a text written out of shattered love. Goldberg-Hiller takes up Jean-Luc Nancy's contention that "love is shattered by its very essence. It fragments the self at the same time as it refracts into many forms ...


Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin 2010 Georgetown University Law Center

Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin

Georgetown Law Faculty Publications and Other Works

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned.

The master narrative of child welfare depicts foster care as a haven for child-victims savagely brutalized by “deviant ...


Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges, Michael I. Meyerson, William Meyerson 2010 University of Baltimore School of Law

Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges, Michael I. Meyerson, William Meyerson

All Faculty Scholarship

This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part ...


Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson 2010 University of Baltimore School of Law

Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

All Faculty Scholarship

This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol ...


Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig 2010 Dalhousie University Schulich School of Law

Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig

Articles & Book Chapters

The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests ...


Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. McKanders 2010 Vanderbilt University Law School

Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Clinical legal education is at a crossroads. With studies like the Macrate Report, Carnegie Foundation Report “Educating Lawyers,” and Best Practices for Legal Education there is greater focus on experiential learning. Consequently, clinics are at an inflection point regarding their future. Three distinct generations will determine the path forward: Baby Boomers, Generation X, and Millennials. Each generation brings a different set of preferences, biases, perspectives and strengths to the table. Given the changes in legal academia, what will the future hold for clinical legal education?

The following are four essays by clinicians from the three generations. They each relay their ...


Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Dale Margolin Cecka 2010 University of Richmond

Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Dale Margolin Cecka

Law Faculty Publications

Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law. The Earle Mack School of Law at Drexel University. Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents ...


Insubstantial Burdens: The Case For Government Employee Exemptions To Same-Sex Marriage Laws, Robin Fretwell Wilson 2010 Washington and Lee University School of Law

Insubstantial Burdens: The Case For Government Employee Exemptions To Same-Sex Marriage Laws, Robin Fretwell Wilson

Scholarly Articles

The case for accommodating religious objectors to same-sex marriage has met significant resistance on a number of fronts. Some believe that religious exemptions permit objectors to dodge legal duties to serve same-sex couples that would otherwise apply. Critics charge that, if extended to public employees, such exemptions would burden the ability of same-sex couples to marry. Others argue that exemptions coddle wrong-headed people who really do not have a legitimate reason for objecting and who, therefore, should not be legally excused. A review of the nearly half-dozen new same-sex marriage laws enacted in the past year suggests that the least ...


Ohio Regional Forum Report Findings From The Survey And Small Small-Group Participation, Ryan Spohn 2010 University of Nebraska-Lincoln

Ohio Regional Forum Report Findings From The Survey And Small Small-Group Participation, Ryan Spohn

Faculty Publications of the Center on Children, Families, and the Law

The Midwest Child Welfare Implementation Center (MCWIC) is collaborating with The Ohio Office of Families and Children (OFC) to develop and implement a new technical assistance (TA) model. This project is a part of Ohio's systemic effort to improve its child welfare outcomes, and will materially alter how OFC works with Ohio's county-administered child welfare offices. It will build Ohio's capacity to implement evidence-informed and promising child welfare interventions.

To inform the process of developing a new technical assistance model, MCWIC hosted a series of ten regional forums throughout the state during July, 2010. The purpose of ...


Emotional Abuse And Controlling Behaviors In Heterosexual Relationships: The Role Of Employment And Alcohol Use For Women And Their Partners, Egbert Zavala, Ryan Spohn 2010 Kansas State University

Emotional Abuse And Controlling Behaviors In Heterosexual Relationships: The Role Of Employment And Alcohol Use For Women And Their Partners, Egbert Zavala, Ryan Spohn

Faculty Publications of the Center on Children, Families, and the Law

The purpose of this study is to examine the role of economic resources, status compatibility, and alcohol consumption on forms of nonphysical abuse, such as controlling and emotional abuse. Specifically, we focus on the connections between women’s employment, the employment of their partners, alcohol use, and women’s risk of abuse in intimate relationships. We hypothesize that women in intimate relationships with men will experience more emotional abuse to the extent that they are economically vulnerable. Moreover, abuse should increase if their employment status, in relation to that of their partner, challenges the man’s marital power. Moreover, alcohol ...


International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar 2010 John Marshall Law School

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

The John Marshall Law Review

No abstract provided.


Conceivable Changes: Effectuating Infertile Couples' Emotional Ties To Frozen Embryos Through New Disposition Options, Jody L. Madeira 2010 Indiana University Maurer School of Law

Conceivable Changes: Effectuating Infertile Couples' Emotional Ties To Frozen Embryos Through New Disposition Options, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.


All In The Family, Angela Onwuachi-Willig 2010 Boston University School of Law

All In The Family, Angela Onwuachi-Willig

Faculty Scholarship

Your essay “Pregnant Man?” highlights many significant issues concerning the intersection of law, gender, sexuality, race, class, and family. In an earlier article A House Divided: The Invisibility of the Multiracial Family, we explored many of these issues as they relate to multiracial families, including our own. Specifically, we, a black female-white male married couple, analyzed the language in housing discrimination statutes to demonstrate how law and society function together to frame the normative ideal of family as heterosexual and monoracial. Our article examined the daily social privileges of monoracial, heterosexual couples as a means of revealing the invisibility of ...


Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz 2010 Boston College Law School

Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz

Boston College Law School Faculty Papers

No abstract provided.


Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl 2010 John Marshall Law School

Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl

The John Marshall Law Review

No abstract provided.


Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians, Steve Sanders 2010 Indiana University Maurer School of Law

Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians, Steve Sanders

Articles by Maurer Faculty

This article analyzes the complex interplay between adoption (traditionally a matter reserved to state family law) and the federal Indian Child Welfare Act in the context of adoptions by gays and lesbians.

As a federal statute that partially preempts state law for the benefit of Native Americans, ICWA implicates three sovereigns: the United States, the state where the adoption petition is brought, and the tribe whose child is the focus of the proceeding. This interplay of sovereigns in itself makes Indian child welfare law complicated and interesting. Beyond these sovereign interests, also to be considered are the interests and rights ...


The New Family: Challenges To American Family Law, Cynthia Grant Bowman 2010 Cornell Law School

The New Family: Challenges To American Family Law, Cynthia Grant Bowman

Cornell Law Faculty Publications

The vast demographic and social changes of the twentieth century have produced a variety of new family forms – cohabiting couples, same-sex couples, an increased number of single-parent families, and extended families resulting from divorce, for example. The legal system in the United States has yet adequately to address the legal problems that these new family forms create. This article discusses a number of major issues that arise from this failure, including: (1) the sometimes negative impact of gender-neutral rules in divorce upon women and children; (2) the ambiguity and inadequacy of property and support obligations between cohabitants; (3) the legal ...


The Argument For Same-Sex Marriage, Nelson Tebbe, Deborah A. Widiss, Shannon Gilreath 2010 Cornell Law School

The Argument For Same-Sex Marriage, Nelson Tebbe, Deborah A. Widiss, Shannon Gilreath

Cornell Law Faculty Publications

Professors Tebbe and Widiss revisit the arguments they made in "Equal Access and the Right to Marry" and emphasize their belief that distinguishing between different-sex marriage and same-sex marriage is inappropriate. They lament the sustained emphasis on the equal-protection and substantive-due-process challenges in the Perry litigation and suggest that an equal-access approach is more likely to be successful on appeal.

Professor Shannon Gilreath questions some of the fundamental premises for same-sex marriage. He challenges proponents to truly reflect on "what there is to commend marriage to Gay people," and points to his own reversal on the question as evidence. Though ...


Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson 2010 Washington and Lee University School of Law

Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson

Scholarly Articles

No abstract provided.


Digital Commons powered by bepress